I 



Southern Boundary 
of Maryland. 







•A 



- 




I 



L- 



SOUTHERN BOUNDARY 



OF MARYLAND. 






7M-275 



80UTHERN BOUNDARY OP MAIM LAM). 



To Hi- Excellent 

GOVERNOR HICK 

Sib: 

Agreeably to your desire that I should preps 
a Map of our Southern Boundary, to exhibit for 
genera] information, the position of the lines bet? 
."Smith'- Point and the Atlantic, as defined in the Act 
No. 385 of the last General Assembly, I have the 
honor to submit the annexed Map to which i have 
takf-rj the liberty to add the following remark 

planation : 

The original grant, of the Province of Maryland to 
Lord Baltimore, included "all that part of the Penin- 
sula or Chei on* i Lying in parts of America bei 
the Ocean on the Y. ■ the J>ay of Chesopeaki on 

the West; divided from the residue thereof by a right 
line drawn from the promontory or head land called 
HV/'"' Potrtl, situate upon the bay aid, near 

the River Wighco, on the V, the main 

on the Bast; and between that boundary on the South, 
i that part of the Hay of Delaware on the North, 



which lieth under the fortieth degree of North Lati- 
tude from the equinoctial, where New England is ter- 
minated; and all the tract of that land within the 
metes underwritten, (that is to say,) passing from the 
said bay, called Delaware Bay, in a right line, by the 
degree aforesaid, unto the true meridian of the first 
fountain of the River Pattowmack; thence verging 
towards the South, unto the farther bank of the said 
River, and following the same on the West and South. 
unto a certain place called Cinquach, situate near the 
mouth of said River, when it disembogues into the 
aforesaid Bay of Cliesopeake, and thence by the short- 
est line unto the aforesaid promontory or place called 
Watkin's Point, so that the whole tract of land divided 
by the line aforesaid, between the main Ocean and 
Watkin's Point, unto the promontory called Cape 
Charles, may entirely remain for ever excepted to 
us," etc, so that the southern boundary of the grant 
was composed of two straight lines, the first course 
and the closing line of the above description ; a line 
from Watkin's Point East to the Sea, and a line from 
the southern point of the mouth of the Potomac to 
Watkin's Point. The location of these lines depended 
simply upon the position of these two points. 

The present boundary, however, between Maryland 
and Virginia, on the Eastern Shore, does not conform 
to this, but follows Pocomoke Bay from Watkin's 
Point to a short distance up Pocomoke river and runs 
thence to the Sea by a line inclined to the north of 
east. 



5 

Until recently all existing Maps of Maryland and 
Virginia erroneously placed the north shore of Poco- 
moke Bay so much too far to the north as, in some 
degree, to conceal this want of conformity with the 
provisions of the Charter ; as upon these Maps, the 
present boundary between Worcester, Maryland, and 
Accomac, Virginia, if produced westwardly from Poco- 
moke River to Chesapeake Bay, would pass for almost 
the whole distance, over the northern portion of 
Pocomoke Bay. But as the correct topography of 
this region came to lie better developed, these errors 
became more and more apparent, and gave rise to 
much uncertainty as to the true location of the line. 
The time and manner of its early settlement appeared 
to have been almost forgotten, and the old question of 
the locality of Watkin's Point was revived; for this 
point being of no use in the navigation of the Chesa- 
peake, is not known to Pilots, and has only retained 
its name and importance from its connection with the 
bounds of the State, and of Somerset County. 

To remove these uncertainties, the Legislature, in 
1852, requested the Governor to open a correspon- 
dence with the Governor of Virginia, inviting him to 
appoint a Commissioner, who, with one to be appointed 
from this State, should retrace that portion of the 
boundary between the two States lying "between 
Smith's Point and the Atlantic," and mark it by the 
erection of suitable monuments. A similar Act was 
passed at the same session, with reference to our 
Western Boundary. 



This request was not responded to by Virginia until 
1858, when an Act passed her Legislature correspond- 
ing very nearly with these two Acts of Maryland. The 
Governor of Virginia, in compliance therewith, ap- 
pointed Angus W. McDonald, Esq., and the Governor 
of Maryland, the undersigned, Commissioners to carry 
the provisions of these Acts into effect. 

Unfortunately, both the Maryland Acts and that of 
Virginia, the provisions of which appear to have been 
copied from them, were too indefinite. The duty 
required of the Commissioners, with respect to this 
Southern line, was to retrace and mark the boundary 
" between Smith's Point, at the mouth of the Potomac, 
and the Atlantic." The intermediate point was not 
defined, and their progress was at once embarrassed by 
the question of the locality of Watkin's Point. It 
was obvious that further legislation would be neces- 
sary before the line could be established. They there- 
fore concluded to obtain, in addition to the evidence 
already at hand, the best local information by an actual 
survey of the vicinity of the boundary; to lay the 
whole before their respective Legislatures for their 
action thereon, and to proceed to trace and mark the 
Western Boundary, the initial point of which was now 
well defined. 

The Commissioners obtained by application to the 
Secretary of War at Washington, the services of Lieut. 
N. Michler, U. S. Corps of Topographical Engineers, 
to aid them in the discharge of these duties; and they 
subsequently instructed him, as a preliminary step to 



make a minute survey of the vicinity of the whole 
boundary, preparatory to the final location and mark- 
ing of such lines as might be agreed upon. The 
annexed Map is a compilation upon a reduced scale 
from the Maps, seventeen in number for each State, 
prepared in conformity with these instructions, at the 
joint expense of the two States. 

These Maps, together with a joint report from the 
Commissioners and a report from Lieut. Michler, were 
submitted to the Legislatures of the two States at 
their last Sessions; as were also estimates for such 
appropriations as were deemed necessary to complete 
the surveys commenced but not finished, on our 
Western Boundary, and for " the erection of perma- 
nent and prominent monuments to mark such Boun- 
dary Lines as said States may concur in establishing.' 7 

In the House of Delegates of Maryland the subject 
of both the Southern and Western Boundaries, was 
referred to a special Committee, consisting of Messrs. 
Long and Dennis, of Somerset; Messrs. Gordon and 
Barnard, of Alleghany ; and Mr. Jacobs, of Worces- 
ter, who, to carry out this recommendation of the Com- 
missioners, reported a Bill, which passed both Houses, 
to define and establish the Southern and Western Boun- 
daries of the State, and making appropriation " for 
completing the survey and record of the same." 

The only action had upon these reports in the 
Legislature of Virginia, was the passage of a resolu- 
tion authorizing the payment of her proportion of the 
expense of erecting suitable monuments along the 



present divisional line between Worcester County, 
Maryland, and Accomae County, Virginia, and along 
the prolongation of this line westwardly, over Somer- 
set County to the Bay. The Commissioner for Vir- 
ginia was also despatched to England to seek for 
documentary evidence bearing upon the location of 
this and other boundaries of his State. 

The declaratory Act of the last Session of our 
Legislature was passed, as a matter of course, as the 
next step in the proceeding of retracing and marking 
these Lines. But this resolution of the Legislature of 
Virginia, by assuming that the North shore of Poco- 
moke Bay is within her limits, calls into question the 
early settlement of this boundary by the two colonies, 
and puts an end to the further progress of the present 
Commission. Thus, in spite of our earnest efforts, 
the execution of our Act of 1852, must still be left 
to future negotiation between the States. 

A Line established in strict accordance with the 
grant to Lord Baltimore, would throw a larger area 
from the Northern part of Accomae into Maryland, 
than it would from the Southern part of Somerset into 
Virginia, and our State would be much the greater 
gainer of the two; but the residents in the vicinity of 
the Line, who are, after all, the only ones really 
interested, desire no change, and none was contem- 
plated in the appointment of the present Commis- 
sioners; whose duty was not the discussion of ques- 
tions of boundary, but simply the renewing of such 
Landmarks as were either lost or destroyed upon a 



9 

long established Line. It is to be hoped, therefore, 
that after a more careful examination of the subject, 
Virginia will be disposed to reconsider this resolution ; 
the execution of which is uncalled for, and even if it 
were lawful and just, would force a change of limits 
where none was contemplated or desired on either 
side. 

The early adjustment of this boundary by the two 
Colonies, its actual position, the apparent inconsisten- 
cies in its location, and the reasons for the definitions 
contained in our Act of 18G0, may be thus briefly 
explained. 

It is alleged and proved in the Bill in Chancery 
filed, in 1735, by the Penns in their controversy with 
Lord Baltimore, that the description of the bounds of 
the Province in the Charter, was framed by the aid of 
Captain John Smith's History and Map of Virginia. 
The Map was the only one extant in 1632, at the 
time of granting the letters patent, that contained all 
the names of the several places therein mentioned. 
But in these, the two named Wighco and Wighcocomico 
are confounded, giving rise at the outset to uncertainty 
in the locality of the River Wighco, which, in its turn, 
threw the position of Watkin's Point into doubt ; and 
among the various sources of territorial controversy 
in which Maryland has been involved, the first, after 
the claim of Virginia to the Province of Maryland 
had been put to rest, was the locality of Watkin's 
Point upon which depended the true location of the 
Boundary upon the Eastern Shore of the two Colo- 

9 



10 

nil's. It was a1 last conceded that whal Smith desig- 
nated as the Wigheo on his map, was the Pocomoke, 
and that the real River Wigheo or Wighcocomico, the 
two being identical, lay further North, and emptied 
into the Chesapeake above Watkin's Point, 

These disputes began about the year 1661. At that 
early Way, settlements had already been made at 
Manokin and A.nnamessex. The Proprietary's Gov- 
ernor commissioned certain persons io grant warrants, 
under favorable conditions, for Land near the Line, 
which excited the jealousy of the Virginia Colonists, 
resulting in inroads into Maryland territory, and con- 
tinual border troubles. These were not ended until, 
at the instance of the Governor of Maryland, Com- 
missioners were appointed who, in \(')('^, determined 
the location o( Watkin's Point, marked the Boundary 
on the Eastern Shore oi' the Bay, and adjusted every 
thing that concerned the rights of those patentees or 
settlers whose situation became changed. 

The articles of agreement of these Commissioners, 
and other documents connected with this negotiation 
are, fortunately, still extant in the old Council Chamber 
Records now in the Maryland Historical Society's collec- 
tion of State papers, in the volume marked 1. L. C. B., 
pages 63 and 64, from which the following is copied: 

Articles of Agreement between Philip Calvert., Esqr. Chancellor of 
Maryland, deputed by the honble, the Governor of the said province, 
to treat and Conclude upon the Bounds of the said provs., and Col, 
Edmund Scarbrugh, his Majesty's Surveyor General, ot Virginia, 
Authorised and Command tj out the Hounds of Virginia. 

Whereas, his Royal Majcstv's Commifsion to the Survcvoi Genl. of 



11 

Virginia, Commands, setting out the Bounds of Virginia, with a Refer- 
ence to his Majesty's honble Governor & Council of Virginia, from 
time to time to give advice and Order for directing the said Surveyor 
General to do his duty appertaining to his Office; in order thereunto, 
his Majesty's honble Governor and Council have by Letter moved the 
honble the Lord Baltimore's Lieut. General of Maryland, to appoint 
some fitting person to meet upon the place called Watkin's Point with 
the Surveyor General of Virginia, and thence to run the divisionall 
Line to the Ocean Sea, &ca.; the honble Philip Calvert, Esq. Chancellor 
of Maryland, being fully impowred by the honble Lieutenant General 
of Maryland, and Edmund Scarbrugh, his Majesty's Surveyor General 
of Virginia, after a full and perfect view taken of the point of Land 
made by the North side of Pocomoke Bay and South side of Annames- 
sexs Bay, have and do conclude the same to be Watkin's point, from 
which said point so called, we have run an Eaft Line agreeable with the 
extreameft part of the Westermoir. Angle of the said Watkin's point, 
over Pocomoke River to the Land near Robert Holfton's, and there 
have marked Certain Trees, which are so Continued by an Eait Line 
Running over Swansecutes Creeke into the Marfh of the Sea Side with 
apparent Marks and Boundaries, which by our mutual agreement, ac- 
cording to the qualifications aforesaid are to be Received as the Bounds 
of Virginia and Maryland on the Eastern Shore of Chesopeak Bay, in 
Confirmation of which Concurrence, [we] have set to our hands and seals 
this 25th day of June, 1668. 

Signed, PHILIP CALVERT, Seal. 

EDMUND SCARBRUGH, Seal. 

Thus, notwithstanding their precise definition, the 
bounds here established by authority of the Crown 
and consent of the Lord Proprietor of the Province, 
and to which Maryland has held for nearly two Cen- 
turies, are not in accordance with the provisions of 
her charter. It appears from this document that these 
Commissioners marked no trees West of the Poco- 



12 

moke. The Boundary they established by "marking 
certain trees" began "over Pocomoke River,' 7 on the 
"land near Robert Holston's," and was continued by 
marked trees, on what they deemed an east Hue to the 
sea side. 

So it stands at this day. Lieut. Michler, in the 
course of his surveys, found and identified many 
marked trees on the East of the Pocomoke, but none 
between that River and the Bay. 

We have no means of ascertaining, perhaps owing 
to the loss of some of the Council Chamber Records 
embracing several years between 1666 and 1692, why 
it was that in this agreement the provisions of the 
Charter of Maryland were not strictly followed, and 
why the Surveyor General of Virginia, acting in 
obedience to a Royal Commission commanding the 
"setting out" the bounds of his Province, established 
the divisional Line as we now find it; but we have 
clear evidence that the Act was well understood, and 
was accepted by the authorities of the two Provinces, 
from subsequent allusions to it in our Council Chamber 
Records, from the fact that it quelled all disturbances 
at the time; and from the Records of our Land Office, 
in which are found patents for land lying on the North 
Shore of Pocomoke Bay, (south of the prolongation, 
westwarclly of the present Line between Worcester 
and Accomac,) granted by the Lord Proprietor in 
1669, 1672, 1676 and 1680, when these Boundary 
disputes and their final settlement were fresh in the 
minds of all. In instructions to his son Charles, dated 



London, 21 March, 1670, Lord Baltimore directs that 
he "should forthwith make good all articles made by 
our dear brother, Philip Calvert, Esq. on his Lord- 
ship's behalf, and Colonel Edmund Scarbrugh, upon 
laying out the bounds between his Lordship's said 
Province, and the Province of Virginia, in relation to 
the grant of any land, etc.," alluding to other articles 
of agreement, also made June 25, 1668, between these 
Commissioners, to the effect that each Province should 
make good any grant previously made, whose situation 
became changed by the Boundary they established. 
It would be strange if. with such positive instructions 
to confirm these agreements, Lord Baltimore's Gover- 
nor should, at almost that very time, issue patents for 
land actually in Virginia. But these patents have 
never been called into question ; and some of the 
lands are still in the possession of the descendants of 
the original grantees. 

As to the direction of the Line East of the Poco- 
moke, we are enabled to account for its inclination to 
the North of East, from recent investigations into the 
secular changes in the magnetic declination on the 
Atlantic Coast, made under the direction of the Super- 
intendent of the U. S. Coast Survey, and to perceive 
why it is that the trees marked by these Commis- 
sioners did not follow a due East course. The general 
direction of the marked trees identified by Lieut. 
Michler is 5° 15' to the North of East. The probable 
variation of the needle in the year 1668. from these 



14 

investigations, is 4° 54' West. A coincidence suffi- 
ciently close, considering the imperfections of survey- 
ing instruments at that day, and the means at their 
command for the accurate determination of the true 
meridian, to place it beyond doubt that they must 
have run this Line by Compass, without an allowance 
for the variation as it then existed. That they in- 
tended it to have been an East Line, is expressly stated 
in their agreement. 

Thus it is that we find the divisional Line on the 
Eastern Shore, extending only partly across the Penin- 
sula, and having a northerly inclination. 

These Commissioners were only "deputed" to "treat 
and conclude" upon the bounds of the two Provinces 
on the eastern side of the Bay. There is no evidence 
that the Line across the Bay was ever established by 
the concurrent action of the two Colonies. The place 
called Cinquack, in the Charter of Maryland, corres- 
ponds to what is now Smith's Point, at the mouth of 
the Potomac, and is expressly acknowledged to be such 
in the compact of 1785, between Maryland and Vir- 
ginia. Thus, in the tenth Article, * * * "all piracies, 
crimes or offences on that part of Chesapeake Bay 
which lies within the limits of Virginia, or that part 
of the said Bay where the Line of division from the 
South point of Patowmack River (now called Smith's 
Point) to Watkin's Point, near the mouth of Poco- 
moke River, may be doubtful." * * * * 

This doubt as to the Line of division across the 



15 

Bay, was made apparent in a trial in Somerset County 
Court in 1848, in which was disclosed much difference 
of opinion as to its position. An endeavor was made 
to shew that the Line crossed Smith's Islands, by pro- 
ducing a patent for a tract of land upon those Islands 
called PitcJicroft, which called, as its southern boun- 
dary, for the Line between Maryland and Virginia, 
running West from the "Sound "to the Bay. No Line 
running West over any part of Smith's Island, (even 
with the variation of the needle as it was in 1679,) 
will reach Smith's Point at the mouth of the Poto- 
mac, and the call of this patent is impossible. The 
imperfect knowledge at that day, of the actual bearing 
of such distant points, must have made the course 
adopted by this Surveyor almost conjectural. The 
patent simply proves his impression as to the locality of 
the Line. It mattered little then or since, as all south 
of his Line is marsh and uninhabitable. It is fair to 
presume that tradition would have supplied the evi- 
dence, if none other could be found on this trial, had 
this Line ever been actually established. 

Smith's Point is described in a grant of land from 
Sir Win. Berkeley to Samuel Smith, dated 18 March, 
1650. It is understood to comprise the area of the 
reservation from Virginia for the purpose of a Light 
House. The point within this area, from which the 
Line across the Bay is to be drawn, is of little conse- 
quence. In the accompanying Map it is assumed as 
the Light House itself, and the Line is drawn so as to 



16 

fulfil the conditions of its description in the Charter 
of Maryland, by being made the -'shortest Line unto 
Watkin's Point," that is the shortest Line to "the 
point of land made by the North side of Pocomoke 
Bay, and the South side of Annarnessex Bay." 

So far, then, from there being a necessity or any good 
reason for the change which this resolution of the 
Legislature of Virginia proposes in the existing Boun- 
dary between the States, it appears on the contrary, 
that the Boundary on the Eastern Shore of the two 
Colonies was established in the year 1668, by Com- 
missioners duly appointed for that jDurpose ; 

That the agreement between those Commissioners 
was accepted as final by the Crown and the Lord Pro- 
prietor of the Province ; 

That these Commissioners declared "Watkin's Point" 
to be that whole body of land lying between the North 
side of Pocomoke Bay and South side of Annarnessex 
Bay, now Big Annarnessex River ; 

That they marked and established the present divi- 
sional Line between Worcester County, Maryland, and 
Accomac County, Virginia ; 

That they declared this line to be the bounds of 
Virginia and Maryland upon the Eastern /Shore of 
Chesapeake Bay; 

That this Line was intended by them to have been 
an East Line, and is so called in their agreement, and 
that its inclination is so nearly the magnetic variation 
in that locality at that period, that they must have 



17 

traced this Line by Compass without due allowance 
for variation as it then existed ; 

That the error they committed in the direction of 
this Line has deprived Maryland of some 23 square 
miles of the Northern part of Accomac County, Vir- 
ginia, which should have been included within her 
limits ; 

That they neither marked nor established a line of 
Boundary across any part of what is now Somerset 
County, Maryland; 

That they established the Boundary between the 
two Colonies, East of the Chesapeake, precisely as it 
now exists, and they designed that the Southern limits 
of Maryland should extend to Pocomoke Bay ; 

That these Commissioners were "qualified" to fix 
the "bounds of Maryland and Virginia" upon a neces- 
sity for so doing, and fixed and established the whole 
Boundary across the "Peninsula or Chersonese," by a 
marked Line between the Pocomoke and the " marsh 
on the Sea side," run East by Compass, "agreeable 
with," not from but in the direction of, " the extreamest 
part of the Wester most angle of Watldn's Point; 11 

That although the true. Boundary between the two 
States should be a parallel of Latitude from Watkin's 
Point, and such Line would add to the territory of 
Maryland, the Act of 1852 simply invited Virginia to 
join in " refixing and renewing" such "landmarks us 
were either lost or destroyed," and did not look to 
any change in the present limits of the State ; 
3 



18 

That the Line across Chesapeake Bay was. never 
located nor established by the concurrent action of 
the two States or Colonies, and that it is and should 
be, as defined in the Charter to Lord Baltimore, the 
■shortest Line between Smith's Point and Watkin's 
Point. 

With much respect, „ 

THOMAS J. LEE. 

EllanctOwan P. 0. Baltimore County, September 19, 1860. 



APPENDIX 



Extract from Lieut MicMer's Report to the Commis- 
sioners, Dec. 20th, 1859. 

* * * Some of the marks consists of old blazed trees, such as Oak, 
Hiekorv, Gum, Cherry, Persimmon, Mulberry and Sycamore. * * * 
Other marks of the Line are to be found either in Country Roads or 
Lanes, or in divisional fences of neighboring farms, or in gates or 
sometimes in houses, known and admitted to be such by all persons 
irrespective of State, the localities being handed down from one gene- 
ration to another. * * * Along the whole length of the Line from 
Chincoteaque to the Pocomoke River, a distance of between twelve 
and thirteen miles, there were existing of such marks at the time of 
the survey, thirty-three trees, one gate, the site of the ruins of an 
old house standing at the time the Scarbrugh Line was run, two 
State roads located on the Line, making in all an average of one inark 
for every half mile. At the end of each day, a rough field plat was 
made of the work done; and these marks, when laid down on the 
Maps, were fouud to be nearly in the same straight line; the general 
direction furnished the course. * * * Two only of these marks are 
at any distance from this straight line, and these not more than three 
hundred and fifty feet. ****** The azimuth or direction of 
this Line was 5° 15 / North of East. * * * * The second sheet of 
the General Map exhibits the fact that the Line between Chincoteaque 
Bay and the Pocomoke River when prolonged across the latter River, 
and along and near the North Shore of Pocomoke Bay to Tangier 
Sound, represented on the second drawing by a broken red line, 
reaches the Sound at the westernmost point of James' Island, about 
five hundred feet South of the Coast Survey signal planted on this 
Island. No Boundary marks of any kind were found West of the 
Pocomoke River. 



20 



List of some Patents granted for Land in Somerset County, 
on the South side of the prolongation Westwardly of the 
Line of 1668. 

From the Records of the Land Office at Annapolis. 

1662. 150 acres to John Horsey, Watkin's Point. 
1669. 200 acres to John Kirk, Kirk's purchase. 

Running to Pocomoke Bay Shore. 
1672. 150 acres to John Hill, Hill's Folly. 
1676. 200 acres to Win. Stevens, Recovery. 
1680. 100 acres to Win. Stevens, Bay Bush Hall. 
1680. 200 acres to Win. Stevens, Dickinson's Folly 
1720. 200 acres to John Ganby, Meadow. 

On North Shore of 1'ocomoke Bay. 



Probable variation of the Needle near the Southern Boundary 
of Maryland at different dates from 1668 to 1860, com- 
puted by the formula kindly furnished by C. A. Schott, Esq. 
Assist. C. S. through the courtesy of Professor Bache, 
Supdt. U. S. Coast Survey. 



1668. 


4° 54' West 


1680! 


5° 06' 


1690. 


5° 06' 


1700. 


4° 54' 


1710. 


4° 36' 


1720. 


4° 06' 


1730. 


3° 30' 


1740. 


2° 54' 


1750. 


2° 18' 


1760. 


i°4:y 



1770. 


1° 06' West 


1780. 


0° 42' 


1790. 


0° 24' 


1800.- 


0° 18' 


1810. 


0° 18' 


1820. 


0° 30' 


1830. 


0° 48' 


1840. 


1° 18' 


1850. 


1° 54' 


1860. 


2° 30' 



It will be perceived that the Westerly variation in this locality was 
on the increase until 1680, when it reached its maximum, and 



21 

remained stationary for about ten years ; it then diminished, at first 
gradually, then more and more rapidly, until 1740-50, when the 
diminution continued to lessen, until the beginning of this Century, 
at which time a reverse movement, following the same law, began to 
take place. 

Our County Surveyors, throughout the State, would do well to bear 
in mind that we have reached another period of inflection, and that 
for the future, (until the variation attains its maximum,) the annual 
increase of Westerly variation will gradually diminish. 

The above figures are only approximate from the want of reliable 
data at the earlier dates. The subject of the secular changes in the 
magnetic declination upon the Atlantic Coast of the U. S., is 
thoroughly discussed in the Coast Survey Reports of 1855 and 1858. 



CHAPTER 60. 

An Act to provide for running and marking that portion of the Boun- 
dary Line between the States of Man/land and Virginia, extending 
from Smith's Point at the rnouth of the Potomac River, to the 
Atlantic Ocean. 

Whereas, it is of great importance that the territorial limits of the 
State of Maryland be clearly defined, her Boundaries permanently 
established and marked, and when these landmarks are either lost 
or destroyed, that they be refixed and renewed ; and whereas the true 
location of that portion of the Line separating the State of Virginia 
from Maryland, intervening between Smith's Point at the mouth of 
the Potomac River and the Atlantic Ocean, has from lapse of time 
become uncertain, thereby involving innocent parties in difficulties by 
them irremediable : therefore 

Section 1. Be it enacted by the General Assembly of Maryland, 
That the Governor of this State be requested to open a correspondence 
with the Governor of Virginia, relating to retracing and marking the 
said Boundai-y Line dividing the State of Maryland from the State of 
Virginia, between Smith's Point and the Atlantic Ocean. 

Section 2. And be it enacted, That if the concurrence of the State 
of Virginia can be obtained to the retracing and marking the said 



22 

portion of the Boundary Line dividing the two States, the Governor 
of this State be, and he is hereby authorized and empowered to 
appoint a Commissioner on the part of this State who, together with a 
Commissioner on the part of the State of Virginia, shall proceed to 
retrace the said portion of the Boundary Line between this State and 
the State of Virginia, and to mark the same by the erection of suit- 
able monuments at proper points. 

Section 3. And be it enacted, That the Legislature hereby reserves 
to itself the right to fix the compensation of said Commissioner. 
Passed March 20, 1852. 



CHAPTER 275. 

An Act/or running and marking the Western Boundary Line of this 

St-tte. 

Whereas it is of great importance that * * * * 

Section 1. Be it enacted by the General Assembly of Maryland, 
That the Governor be and he is hereby requested to open a corres- 
pondence with the Governor of Virgiuia, in relation to tracing, estab- 
lishing and marking the said Line; and in case the Legislature of 
Virginia shall pass an Act providing for the appointment of a Com- 
missioner to act in conjunction with a Commissioner on the part of 
Marylaud in the premises, then, and in such case, the Governor be 
and he is hereby authorized and required to appoint a Commissioner 
who, together with the Commissioner who shall be appointed on the 
part of Virginia, shall cause said Line to be accurately surveyed, 
traced and marked with suitable monuments, beginning therefor at the 
said Fairfax's Stone, and running thence due North to the Line of the 
State of Pennsylvania. 

Section 2. And be it enacted, That it shall be the joint duty of the 
Commissioners, after running, locating, establishing and marking the 
said Line, to make a Jleport, setting forth all the facts touching the 
locating and marking the same ; and it shall be the duty of the Com- 
missioners of each respective State to forward copies of this joint 
Report to each of their respective Legislatures, and upon the ratifica- 
tion of such Report by the State of Virginia and the State of Mary- 



23 

land through their respective Legislatures, the said Boundary Line 
shall he fixed and established so to remain forever, unless changed by 
mutual consent of the said States. 
Passed May 27, 1852. 



An Act to ascertain and fix the Boundary Lines of the States of 
Virginia and Maryland. 

Passed March 26, 1858. 
Whereas, the General Assembly of Maryland has passed two Acts 
for running and marking the Boundary Line between that State and 
the State of Virginia, beginning therefor at Smith's Point at the 
mouth of the Potomac River, and running thence to the Atlantic 
Ocean, to form the Eastern Line, and beginning at the Fairfax Stone 
on the Potomac River, sometimes called the North Branch of the 
Potomac River, at or near its source, and running thence due North 
to the Line of the State of Pennsylvania, for forming the Western 
Boundary Line : and whereas, the Legislature of the State of Mary- 
land has requested the appointment of a Commissioner on the part of 
this State, to act in concert with the Commissioner of Maryland, to 
run, ascertain and mark the said Lines: therefore 

1. Be it enacted by the General Assembly of Virginia, That the 
Governor be and he is hereby authorized and required to appoint, as 
soon as may be, a Commissioner, who, together with the Commissioner 
who may be appointed on the part of Maryland, shall cause the said 
Lines to be accurately surveyed, traced and marked with suitable 
monuments, from Smith's Point at the mouth of the Potomac River, 
to the Atlantic Ocean, and from Fairfax Stone, situated as aforesaid, 
to the Pennsylvania Line as aforesaid. 

2. It shall be the duty of the Commissioner on the part of the State 
of Virginia, after the running, locating, establishing and marking the 
said Lines, to make a joint Report with the Commissioner on the part 
of Maryland, setting forth all the facts touching the same, and to for- 
ward a copy of said joint Report to the Legislature of Virginia. And 
upon the ratification of such Report by the Legislatures of the States 
of Maryland and Virginia, the said Lines, thus run and ascertained, 
shall be fixed and established : to remain forever, unless changed by 
the mutual consent of the said States of Maryland and Virginia. 



24 fy 

:>. Be it further enacted, that an adequate compensation be allowed 
by law, upon an order of the executite, to said Commissioner; to be 
paid out of any funds in tlu' treasury not otherwise appropriated. 

I. This Act shall l)c in foroe from its passage. 



CHAPTER 385. 

An .1(7 for the establishment of the South-eastern and North-western 
Boundary Lines between this State and the State of Virginia, and 
making further appropriations to complete the Survey <t»</ marking 
of the same, 

Section 1. Be it enacted by the General Assembly of Maryland, 
That the Line established by the agreement of the Commissioners 
authorized in the year 1668, to li\ the Bounds of Virginia and Mary- 
land, is hereby deolared to be the true Line of Boundary between the 

two States mi the Eastern Shore of Chesapeake Bay; and that the 

true divisional Line across Chesapeake Hay is a straight Line from 
Smith's Point, at the mouth of the Potomac, to tin 1 Southernmost angle 
of the body of land defined by the aforesaid Commissioners as Watkin's 
Point. 

Sec. '.!. Ami be it further enacted, That the North-western Line of 
this State, is a Line commencing at Fairfax Stone at the head of the 
North Branch oi' the Potomac River, and running thence due North 
to the Southern Line of the State of Pennsylvania, as surveyed in 
the year 1859 by the Commissioners appointed by the States of Mary- 
land and Virginia in conformity with the laws passed by the said 
States for that purpose. 

Sec. 8. Appropriates for completing the Survey and record of 
these Lines 

Sec. 1. Direots this Act to take effect from tin* date of its passage. 
Pussed Mar,/,, I860. 



